Martin v. Kitchen’s Empirical Analysis
1906
Citation profile
4 federal appellate · 8 state decisions
How this case has been cited
Cited by 12 later decisions — most recently November 1960
4 federal appellate · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Shaffer v. Detie · Marvin v. Elliott · Haughton v. Sartor
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It may be admitted land may be conveyed by any description sufficient to identify it. It may be admitted, further, that parol proof is admissible to identify the subject of a grant. Marvin v. Elliott, 99 Mo. 616 , 12 S.W. 899 . And that if ambiguity in a grant be created by extrinsic evidence, it may be dissipated in the same way. But all these principles do not assist respondents in this case. Their evidence falls short of showing that the locus was known in the community by the description, `north of Castor river.' That description might as well suit any land north of Castor river in any section 7 in Stoddard county. In this case there are shown to be several sections 7 in Stoddard county north of Castor river. And, bringing the matter closer home, there was at least one other section 7 in a different township and range in that county through which Castor river actually flowed and which had a northwest quarter north of and adjacent to the said river. In this condition of things with no township or range mentioned in the deeds, we have presented to us a plain and typical case, not of a latent ambiguity which might or might not be dissipated by parol proof identifying the subject of the grant, but of a patent ambiguity making the deeds absolutely void and as of no effect as the basis of a strict legal title. It will not be necessary to go into a consideration of the case law to any extent; for the case at bar is on all fours, in this respect, with Mudd v. Dillon, 166 Mo. loc”
1 later decision quote this exact passage“tended to intensify and deepen the ambiguity, rather than to dissipate it.”
1 later decision quote this exact passage“the northwest quarter of section 7 north of Castor river.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.